Tarun Tejpal undertake to publish apology for 2001 defamatory story against Maj Gen MS Ahluwalia
New Delhi, January 13
Journalist Tarun Tejpal has undertaken before the Delhi High Court to publish an apology in a national daily stating that Major General MS Ahluwalia, against whom he had levelled allegations of corruption in defence procurement, had not accepted any money.
Tejpal, the proprietor of Tehelka.com, and its reporter Aniruddha Bahal have challenged a single judge’s order awarding a compensation of Rs 2 crore to the senior Army officer for the loss of reputation suffered by him on account of a 2001 “expose” by the news portal, alleging his involvement in corruption in defence procurement.
The counsel for Tejpal and Bahal told a Bench led by Acting Chief Justice Manmohan that they will deposit Rs 10 lakh each with the high court.
The Bench, which also included Justice Manmeet PS Arora, took on record the undertaking made by the duo’s counsel and posted their appeal for disposal in April when it would decide the quantum of damages to be paid by them.
On March 13, 2001, the news portal had carried a story alleging corruption in defence deals relating to import of new defence equipment.
On July 21, 2023, the single judge had directed that Rs 2 crore shall be paid by Tehelka.Com, its owner M/s Buffalo Communications, its proprietor Tarun Tejpal, and reporters Aniruddha Bahal and Mathew Samuel.
The Bench, however, stayed the proceedings on Ahluwalia’s plea seeking execution of the decree passed in his favour.
On behalf of Tejpal and Bahal, senior counsel Siddharth Luthra submitted that they were willing to publish an unconditional apology in an English national daily specifically stating that Ahluwalia had neither asked for nor accepted any money. Claiming that they did not have the means to pay a huge amount of Rs 2 crore to Ahluwalia, they said they were willing to deposit Rs 10 lakh each in two weeks;
Contending that the appeal was not maintainable, Ahluwalia’s counsel the Army officer lived with stigma for nearly 22 years and a mere apology was not enough, Tejpal and Bahal must deposit a “substantial” amount, he demanded.
The Bench said in a defamation matter like the present one, an apology was a major relief and that it will consider the quantum of damages while hearing the appeal.
Underlining that there can’t be a more blatant case of causing serious harm to the reputation of an honest Army officer, the single judge had observed that an apology after 23 years of publication was “not only inadequate but is meaningless”. However, it had concluded that the plaintiff was not able to prove any act of defamation on the part of Zee Telefilms Ltd and its officials who telecast the story in question following an arrangement with the news portal. —with PTI inputs